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...﻿Criminal laws are a protection of society, and the violation of criminal laws results in penalties to the violator such as fines or imprisonment.
correct True Criminal laws are a protection of society, and the violation of criminal laws results in penalties to the violator such as fines or imprisonment.
2 Which equitable maxim favors those who exercise caution in pursuing their claims and disfavors those who rest on their legal rights by failing to act to protect their rights in a reasonable period of time? Equity aids the vigilant
Perhaps the most universal of the maxims is the notion that the law favors those who exercise vigilance in pursuing their claims and disfavors those who rest on their legal rights by failing to act to protect their rights in a reasonable period of time
3The state trial court in Nevada has issued a decision in which a party has been found guilty of fraud. Should a case arise in the future with the same basic fact situation, Nevada courts will be bound by precedent to follow the reasoning and decision of this prior decision. False
It is important to remember that state trial court decisions are binding only on the parties involved in the dispute. Trial court decisions do not set precedent for future disputes or parties. Only appellate-level courts set precedent.
4Courts use a two-prong test to determine whether it has personal jurisdiction over an out-of-state defendant....

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This essay will discuss the Case study by firstly identifying four elements of contract, then justifying duties of Mr. Martin with applying the principles of pre-existing contractual duties. Finally a discussion about part payment of debt and promissory estoppel will be explained. Likewise, this essay will evaluate the knowledge of common law and agency relationship.
QUESTION 1
a) Four essential elements of a contract should be Offer, Acceptance, Intention to create legal relations and Consideration. Firstly, offer, according to Adams(2012), is a full and clear statement of the terms”(p79) send to a party(the offeree) by another party(the offeror). Otherwise there could be a misunderstanding of an invitation to treat or negotiation which are similar statements. If an offer intends to be legally binding, acceptance, by which the offerees can show their agreement of all the terms of the offer, is needed. Acceptance needs to be valid and informing the offeror, while the terms should as same as the previous ones. Another element, i.e. consideration, aims to make sure the promise made is of value. As defined by Jones (2011), the consideration needs to give benefits to the one, who is suffering a loss at the same time. Last but not least, while making an agreement to be legally enforceable, intention to create legal relations is important. While judging whether it is a binding contract or not, the situation to make this contract needs to be...

...decide to accept the offer of the games at price RM850 and wrote a letter to Jordan. In the same time Jordan gave new offer to buy the games at price RM900. So, which offer is valid in this time?
4. Sasha accept the price offered by Jordan which was RM900 and she immediately gave response after received the mail by calling Jordan but no one pick up the phone. So, she left her message in Jordan’s answering machine.
5. On Sunday, Sasha changed her mind and refused to sell the games. She left another message in Jordan’s answering machine saying that she no longer wished to sell it.
6. On Monday, Jordan arrived at work and he found the letter and 2 voice-mail from Sasha. Did offer and acceptance happen in that time?
Cases and Sections (Law)
1. Harvey v Facey [1893] AC - The appellants telegraphed the respondent – “Will you sell us Bumper Hall Pen (a property in Jamaica)? Telegraph lowest cash price.” The respondent replied, “Lowest price for Bumper Hall Pen is £900.” The appellants then replied in the following words: "We agree to buy Bumper Hall Pen for the sum of £900 asked by you. Please send us your title deed in order that we may get early possession”. The respondent however refused to sell at that price. He denied his reply was an offer. The Privy Council held that no contract existed between the 2 parties. The first telegram was simply a request for information, so at no stage did the respondent make a definite offer that could be accepted. The...

...﻿BusinessLaw Case Study
Module 4
PLAINTIFF'S STATEMENT:
The Parties – Alex Johnson vs. Bethlehem Ice Solutions
Opening Argument
Those familiar with skiing know that there are risks involved when one chooses to participate in the sport. Those risks, however, should be associated with self-inflicted harm caused by mistakes that a skier may make and not unforeseen obstacles and dangerous situations. The injuries sustained by Alex Johnson on the slopes at Bethlehem Ice Solutions (BIS) were not self-inflicted; far from it. They were the result of negligence on the part of BIS who failed to mark boundaries that separates the slopes and caused Craig to crossover onto another slope, walking directly into Alex’s path and colliding into him, causing severe bodily harm.
Key Facts of the Case
Alex was injured on the slopes at Bethlehem Ice Solutions (BIS) when he collided into Craig who walked into his path while he was skiing. The defense may argue contributory negligence but it is a fact that Alex exercised reasonable duty and care while skiing but could not avoid Craig. Defense may also argue assumption of the risk, however, Alex is aware that skiing is a dangerous sport that can inflict bodily harm but he exercised the proper caution while skiing and should not have to be subjected to obstacles and dangerous situations due to the negligence of BIS. The legal principle Causation – cause in fact - comes into play here because...

...﻿Question 1
Zhang, Wang and Chang are train drivers. Being unhappy about their work hours and pay, they decided to go on a strike. Not only did they tried to rope in other train drivers, refusals of some to partake in the strike were threatened with bodily harm. In the following, I will discuss the offences of the three china train drivers.
The first offence would be going on a strike.
According to section 6 of the Criminal Law (Temporary Provisions) Act (Chapter 67), it is said that a workman in any other essential services cannot go on strike unless he has given to his employer 14 days’ notice of his intention to strike. This 14 days’ of notice should be given so that some sort of emergency arrangements can be made to ensure a minimum service necessary for the well-being of the public(WFS, 2013., para. 13).
Essential services includes those in water, gas and electricity services, public transport, banking, fire services, drug enforcement, civil defence, pollution, newspaper services, and refuse collection. (Wong, T (n.d. )). Zhang, Wang and Chang are train drivers in Singapore and are considered working for the public transport sector. Public transport is defined as an essential service in the Act and in which Zhang, Wang and Chang failed to give their 14 days of notice. “In an effort to make them succumb to their demands” shows that they did not have any intention to make known to the relevant authority regarding their unhappiness over their work...

...harm from the behavior 4.Breach of duty: actions compared to those of a reasonable person, focuses on defendant’s behavior rather than mental state 5. Most important consideration in breach of duty: reasonable foreseeability of harm. Ex. falling asleep at the wheel: foreseeable risk of harm to others BUT a blackout while driving  not foreseeable Also considered: magnitude & social utility & ease of avoiding risk Personal characteristics are also considered: Context considered: emergency vs. time to make judgment call. Special duties, Duties to Persons on property Premises liability cases, involve possessors of land & those who enter it. Entering party classifications: Invitees: Business visitors, people using public property Licensees: possessor must give consent, enter for purposes other than to do business Trespassers: Neg. per se: D’s violation of reasonable behavior may cause a breach of duty & may allow P to win if: Was within the class of persons intended to be protected by the statute, suffered harm that statute was intended to protect against. Causation of injury: physical injury, Property damage * usually only compensatory damages are recoverable, some courts allow recovery for emotional damages but require that physical injury resulted. The causation link Was the breach the actual cause of injury? Was it the proximate cause? Was there any intervening cause? Actual cause - But-for test – plaintiff would not have been hurt if it wasn’t...

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BUSINESSLAW (BBL 2014)
TRIMESTER 1, 2013/2014 SESSION
Assignment title:
Comparative Study and Analysis of The Laws of Malaysia and United States
PREPARED BY:
STUDENT NAME
STUDENT ID
ITTIPORN PRASERTSIT
1092701396
ER CHEE ZHENG
1102700368
ALI JAVIDFAR
1101106508
MUHAMMAD ASYRAF SHABARUDDIN
1061111744
SHAHIN BAGHERI
1092700846
PREPARED FOR:
DR. BAHMA A/P A SIVASUBRAMANIAM
Contents
Introduction
The law of contract is about the enforcement of promises where the basic law, governs and relates to most aspects of human life. Contracts provide the means for individuals and businesses to sell or transfer property, services and other rights. Although the law of contract is about the enforcement of promises but not all promises are enforced by courts and to enforce a set of promises, or an agreement, courts look for the presence of certain elements; In other words contract is generally defined as a promise, or a set of promises, actionable upon breach of the contract where to enforce these set of promises or agreements, courts look for the presence of certain elements and once these elements are present a court will consider that the agreement is a contract. The purpose of a contract is to establish the agreement that the...

...COLLEGE OF BUSINESS
TMC COLLEGE
LAW
Individual Assignment
The Importance of Understanding BusinessLaw in Malaysia
PREPARED FOR
Mr. William Tan
PREPARED BY
Ilyassova Daniya
SUBMISSION DATE
2 June 2014
Table of Content
No. Details Page
When doing a business it is important to understand laws that apply to your business, laws depend on the country you live in, but there are many that apply almost everywhere in the world. The laws do change as well, so keeping up with changes to businesslaws is also very important. Businesslaw includes the law of governing contracts, sales, commercial paper, agency and employment law, business organizations, property, and bailments. Other popular areas include insurance, wills and estate planning, and consumer and creditor protection. Businesslaw may include issues such as starting, selling or buying a small business, managing a business, dealing with employees, or dealing with contracts, among others. It has been proven, that most companies are comfortable in doing businesses, provided they have a government license in hand, and an approval...